TMI Blog2021 (3) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... hief Engineer, Maharashtra State Electricity Distribution Company has clearly spelled out the process of e-tender, design, specification of a public utility product and confirmed that no third party was involved in any of the services as mentioned in the relied upon agreement? - HELD THAT:- We find no merit in Revenue's foregoing argument. It has already come on record that the Assessing Officer has himself verified the impugned commission activity/payment in the remand report. Case law (2020) 426 ITR 119 (Kar) PCIT vs. DM Purnesh [ 2020 (9) TMI 731 - KARNATAKA HIGH COURT] and Smt. B. Jayalakshmi vs. ACIT [ 2018 (8) TMI 208 - MADRAS HIGH COURT] holds that the Revenue cannot be held to be an aggrieved party once the Assessing Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether in the facts and circumstances of the case, the Ld. CIT(A) is correct in allowing the appeal of assessee by ignoring the fact that the parties namely M/s. Ghankun Steels Private Limited, Raipur and M/s. Nutan Ispat and Power Private Limited, Raipur were not involved in the liaisoning work/tender management/payments as confirmed by the Chief Engineer, Maharashtra State Electricity Distribution Company? 4. Whether in the facts and circumstances of the case, the Ld. CIT(A) is correct in allowing the appeal by deleting the addition made of ₹ 16,78,07,963/- being commission paid to the services rendered by the agents for the business of assessee solely depending on cheque payments, TDS, 26AS and an agreement with said agents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nutan Ispat and Power Pvt. Ltd. treating the same as payments not for the actual services rendered but to reduce tax incidence. During the appeal proceedings, the assessee contended that these payments were actually made to the agents for the services rendered by them and after deduction of TDS. For this the assessee submitted affidavit and other documents an additional evidence basing on which a remand report was called for. During the Course of remand proceedings, Summons u/s. 131 were issued to both the two contractors. In response, Sri Bimal Kishore Khetan, MD of M/s. Ghankun Steels Pvt. Ltd. appeared on 11-09-2018. A sworn statement was recorded from him Wherein, he clearly stated that his company has entered into agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing..... Also, the company has given details of some of the services rendered by these two agent companies as per the agreement and stated as under: ... the agreement entered into by our company with these two agent companies clearly mentions about the payment to be made for the entire project in toto but not for each and every specific aspect... The above submissions of the assessee and two agent companies are available on record. Submitted along with Misc. Records in 2 Vols. for kind consideration. Yours faithfully, Sd/- (B. RAVINDER) Dy. Commissioner of Income-Tax Circle-3(1), Hyderabad. Encl: MRs in 2 vols. For AY 2015-16. 3.1. Learned CIT DR vehemently contended during the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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